Morse v. Republican Party of Va., 517 U.S. 186, 25 (1996)

Page:   Index   Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

210

MORSE v. REPUBLICAN PARTY OF VA.

Opinion of Stevens, J.

prevent all attempts to implement discriminatory voting practices that change the status quo. If § 5 were narrower than § 2, then a covered jurisdiction would not need to pre-clear changes in voting practices known to be illegal. "It is unlikely that Congress intended such an anomalous result." Chisom, 501 U. S., at 402.25

A fair reading of the text of § 5 unquestionably supports the conclusion that by imposing its filing fee the Party sought to administer a "voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1968." 42 U. S. C. § 1973c (1988 ed.).

V

Consideration of the history that led to passage of the Act confirms our construction of § 5. The preamble to the stat-25 In fact, it did not. The 1981 House Report states that "whether a discriminatory practice or procedure is of recent origin affects only the mechanism that triggers relief, i. e., litigation or preclearance." H. R. Rep. No. 97-227, p. 28. That statement indicates that the substantive standards for § 2 and § 5 violations are the same, so long as the challenged practice represents a change from 1965 conditions, as the filing fee did here. Even more explicitly, the 1982 Senate Report states that "a section 5 objection also follow[s] if a new voting procedure itself so discriminates as to violate section 2." S. Rep. No. 97-417, p. 12, n. 31. The Report refers to voting procedures that dilute minority voting strength. See id., at 10. We have recognized that measures undertaken by both " '[s]tate legislatures and political party committees' " have had just such dilutive effects, through devices that included " 'switching to at-large elections where Negro voting strength is concentrated in particular election districts, facilitating the consolidation of predominantly Negro and predominantly white counties, and redrawing the lines of districts to divide concentrations of Negro voting strength.' " Perkins v. Matthews, 400 U. S. 379, 389 (1971) (quoting Hearings on Voting Rights Act Extension before Subcommittee No. 5 of the House Committee on the Judiciary, 91st Cong., 1st Sess., 17 (1969) (remarks of Mr. Glickstein)) (emphasis added). See also n. 27, infra. Contrary to Justice Thomas, therefore, Congress has already "harmonize[d]" §§ 2 and 5, see post, at 282; it is he who seeks to sunder them.

Page:   Index   Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: October 4, 2007